Zilleruelo v. Commodity Transporters, Inc.
Annotate this Case
The Supreme Court reversed the decision of the district court granting summary judgment to Steven DeConto and Commodity Transporters, Inc. and dismissing John Zilleruelo's complaint alleging negligence, vicarious liability, and negligent entrustment, holding that the district court misinterpreted Utah Code 78B-2-108(2).
While Zilleruelo filed his complaint outside the statute of limitations he argued that the accident had rendered him mentally incompetent for one year, and therefore, section 78B-2-108(2) tolled the statute of limitations during the period of his incompetency. The district court granted summary judgment for the defendants, concluding that the statute of limitations had continued to run during the time Zilleruelo claimed he was incompetent. The Supreme Court reversed, holding that the tolling statute does not condition tolling on the lack of a power of attorney or the lack of a legal guardian.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.